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Lawyer's advice please! What are my rights (in Canada)? |
I live in Canada, so that may change things. I model occasionally and paid a fairly well known photographer for new headshots and portraits that were more artistic than my usual commercial stuff. I found out fairly recently that he used one of my proofs as an advertising product. I don't want to give many details online and am sorry if this isn't enough information, but don't want to reveal the photographer or company who uses MY face to advertise? I'm more angry with the photographer as we keep in contact through e-mail, and he doesn't know I'm aware of this situation because I stumbled upon the advertisement, and needless to say I was quite suprised. What the heck can I do about this? I never signed anything because they were just headshots for my portfolio, not a job or contract...help please! Here is the way I understand it. He owns the negative and the copyright of his work, and you can not take pictures he made for you and have them duplicated elsewhere, because of the copyright. You must buy further copies of these through him. BUT He does not have the right to use your image for commercial purposes without your signed consent. You have a right to market your image anywhere you want and no one else can do that without your permission. But if you signed a contract to have the pictures taken and the contract contains fine print of him using images elsewhere, he is legal. Most lawyers will talk to you free for 1/2 hour to listen to your story and let you know if you have a case. phone one up and ask for a free consultation and see what happens, But make sure this is a "Free" understood by both sides. call lawyer check local laws Have you an agent? If not I'd consult an entertainment lawyer or a business lawyer and see what your rights are. If you didn't sign a contract, you may not have any rights since the photos are his. If you need advice but can't afford a lawyer call legal aid in Ontario or whatever province you are in. It's time to spend some money if you want to get some money honey., |
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